中华人民共和国预备役军官法（一）_法律英语

中华人民共和国预备役军官法（一）

文章来源：文章作者：发布时间：2007-05-11 03:21 字体： [大中小]　进入论坛

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中华人民共和国预备役军官法
Reserve Officers Law of the People's Republic of China

（Adopted at the 13th Meeting of the Standing¹ Committee of the Eighth National People 's Congress on May 10 1995， promulgated² by Order No. 48 of the President of the People's Republic of China on May 10， 1995， and effective as of January 1， 1996）
颁布日期：19950510 　实施日期：19960101 　颁布单位：全国人大常委会

　　Contents

　　Chapter ⅠGeneral Provisions

　　Chapter Ⅱ Sources and Selection of Reserve Officers

　　Chapter Ⅲ Post Grades and Posts for Reserve Officers

　　Chapter Ⅳ Military Ranks for Reserve Officers

　　Chapter ⅤRegistration and Call-up of Reserve Officers

　　Chapter ⅥTraining of Reserve Officers

　　Chapter Ⅶ Benefits and Treatment for Reserve Officers

　　Chapter Ⅷ Retirement⁴ of Reserve Officers

　　Chapter Ⅸ Legal Liability

　　Chapter ⅩSupplementary Provisions

　　Chapter Ⅰ General Provisions

　　Article 1 This Law is enacted⁶ in accordance with the Constitution and the Military Service Law for the Purpose of establishing a sound system of reserve officers， improving the mobilization system of the armed forces of the State， and strengthening the reserve forces for national defence.

　　Article 2 The term “reserve officers” as used in this Law refers to the reservists who have been assigned reserve post grades at or above the level of platoon leader， or specialized⁷ technical post grades at or above the junior level， of the People's Liberation Army， granted corresponding military ranks for reserve officers， and registered with military service organs.

　　Article 3 Reserve officers， by the nature of the posts they hold， shall be classified as operational officers， political officers， logistics officers and specialized technical officers.

　　The reserve of officers， according to the needs of administration in peacetime and mobilization in wartime， comprises two classes： Class One consists of reserve officers who hold posts in reserve components⁸ or are pre- listed as officers for active components， and Class Two is composed of all other reserve officers.

　　Article 4 Under the leadership of the State Council and the Central Military Commission， the General Political Department of the People's Liberation Army shall be the competent authority for the administration of reserve officers throughout the country.

　　The political departments of the major military commands， provincial⁹ military commands （including garrison¹⁰ commands） and military sub- commands （including garrison commands） shall be responsible for the administration of reserve officers in their respective regions.

　　The people's armed forces departments of the counties， autonomous¹¹ counties， cities not divided into districts， and municipal districts （hereinafter generally referred to as the people's armed forces departments at the county level） shall be in charge of the specific administration of reserve officers in their respective administrative¹² regions.

　　Article 5 The departments concerned under the State Council and the local people's governments at various levels shall， in line with their division of responsibilities and in compliance¹³ with the provisions of this Law and other pertinent¹⁴ laws and regulations， do well the relevant work concerning the administration of reserve officers.

　　Article 6 The units in which reserve officers work shall support the reserve officers in their participation¹⁵ in military training and performance of military duties or other obligations of military service， and render assistance in the administration of reserve officers.

　　Article 7 Reserve officers shall abide¹⁶ by the Constitution， laws and regulations as well as the relevant military rules and regulations， participate in military training and military service activities， receive political education， enhance their organizing and commanding ability and their technical proficiency¹⁷， and be ready at all times to respond to the call-up for active service.

　　Article 8 The State protects the legitimate¹⁸ rights and interests of reserve officers according to law.

　　Reserve officers shall enjoy such rights deriving¹⁹ from their reserve service as specified²⁰ in this Law and such benefits and treatment as prescribed by the State.

　　Article 9 Reserve officers who have made outstanding contributions during their performance of military duties shall be awarded honourable²¹ citations²² or citations for merit or conferred honourable titles in accordance with the relevant regulations of the Central Military Commission.

　　Units which have made outstanding achievements in their work relating to reserve officers shall be commended or awarded in accordance with the relevant regulations.

　　Chapter Ⅱ Sources and Selection of Reserve Officers

　　Article l0 Reserve officers shall be selected from：

　　（l） officers and civilian²³ cadres released from active service；

　　（2） soldiers released from active service；

　　（3） cadres engaged in the work concerning affairs of people's armed forces and cadres of people's militia²⁴；

　　（4） graduates from non-military institutions of higher learning； and

　　（5） other citizens who meet the basic requirements for reserve officers.

　　Article 11 Reserve officers shall meet the following basic requirements：

　　（l） to be loyal to the motherland and to observe the Constitution， laws and regulations；

　　（2） to obey orders and commands；

　　（3） to meet the requirements for service age of reserve officers as specified in the present Law；

　　（4） to have been released from active service or have received military professional training and passed due examinations， possessing the scientific and cultural knowledge and the organizing and commanding ability or the technical proficiency corresponding to their posts； and

　　（5） to be in good health.

　　Article l2 Plans for the selection of reserve officers shall be decided²⁵ by the Central Military Commission and implemented²⁶ by the General Political Department of the People's Liberation Army in conjunction with other departments concerned.

　　Article l3 In regard to officers and civilian cadres released from active service to be selected as reserve officers as prescribed in Article l0 of this Law， the political departments of their military units at or above the regimental level shall raise proposals for transferring them to the reserve of officers， upon the approval of which by the prescribed authorities， they shall make registration³ as reserve officers with the people's armed forces departments at the county level in the localities of their resettlement.

　　The selection of reserve officers from among persons other than those referred to in the preceding paragraph shall follow the procedures set forth²⁸ below：

　　（1） recommendation by the people's armed forces departments at the basic level or by the work units in accordance with the plans issued from higher authorities and the prescribed requirements；

　　（2） verification and determination by the people's armed forces departments at the county level；

　　（3） training by the units undertaking²⁹ such missions；

　　（4） examination and approval by the prescribed authorities； and

　　（5） registration with the people's armed forces departments at the county level.

　　Chapter III Post Grades and Posts for Reserve Officers

　　Article l4 Post grades for operational， political and logistics reserve officers are： the level of division commander， the level of deputy division commander， the level of regiment²⁷ commander， the level of deputy regiment commander， the level of battalion³⁰ commander， the level of deputy battalion commander， the level of company commander， the level of deputy company commander， and the level of platoon leader.

　　Post grades for specialized technical reserve officers are： the senior level， the intermediate level and the junior level.

　　Article l5 Post grades shall be determined³¹ for persons who have been assigned to serve in the reserve of officers.

　　The determination of post grades for persons who have been released from active service and transferred to the reserve officers shall be handled by the prescribed authorities as for officers in active service with corresponding post grades.

　　Post grades for persons who are other than those referred to in the preceding paragraph and who serve in the reserve of officers shall be determined with the approval of the authorities prescribed below：

　　（l） post grades for officers at the level of division commander or deputy division commander， or for specialized technical officers at the senior level shall be determined with the approval of the heads of units at the level of major military command；

　　（2） post grades for officers at the level of regiment commander or deputy regiment commander， of for specialized technical officers at the intermediate level shall be determined with the approval of the heads of units at the corps³² level that have the power to appoint and remove officers； and

　　（3） post grades for officers at the level of battalion commander or below， or for specialized technical officers at the junior level shall be determined with the approval of the heads of units at the divisional level that have the power to appoint and remove officers.

　　Article 16 Reserve officers who hold posts in reserve components or are pre-listed as officers for active components， in addition to their post grades being determined in accordance with the provisions of Article l5 of the present Law， shall be appointed or removed in accordance with the limits of authority prescribed below：

　　（l） officers at or above the level of deputy battalion commander and specialized technical officers at the senior， intermediate or junior level shall be appointed or removed in accordance with the provisions of the third paragraph of Article l5 of the present Law， and

　　（2） officers at the level of company commander， deputy company commander or platoon leader shall be appointed or removed by the heads of units at the regimental level that have the power to appoint and remove officers.

　　Article l7 Reserve officers shall be appraised³³. The appraisal³⁴ shall be organized and conducted by the units in which they serve or by the military service organs in conjunction with local departments concerned in accordance with the relevant regulations of the State and in line with the division of responsibilities. The results of the appraisal shall be taken as the main basis for appointing or removing reserve officers.

　　Article l8 The determination of post grades and the appointment and removal of reserve officers shall be handled pursuant to the procedures prescribed by the Central Military Commission.

　　Chapter IV Military Ranks for Reserve Officers

　　Article l9 Military ranks for reserve officers shall have the following eight grades under three categories：

　　（1） Reserve Generals： reserve Major General；

　　（2） Reserve field officers： reserve Senior Colonel， Colonel， Lieutenant³⁵ Colonel and Major； and

　　（3） Reserve junior officers： reserve Captain， Lieutenant and Second Lieutenant.

　　Article 20 The ranks for reserve officers shall be differentiated³⁶ as follows：

　　（l） Operational， political and logistics reserve officers： reserve Major General， Senior Colonel， Colonel， Lieutenant Colonel， Major， Captain， Lieutenant and Second Lieutenant.

　　For Naval³⁷ and Air Force reserve officers， their ranks shall be prefixed by “Navy” and “Air Force” respectively.

　　Article 2l The system of conferring military ranks by virtue³⁸ of post grades shall be applied³⁹ to reserve officers.

　　The ranks for operational， political and logistics reserve officers by virtue of their post grades shall be as follows：

　　Officers at the level of division commander： reserve Senior Colonel or Major General；

　　Officers at the level of deputy division commander： reserve Colonel or Senior Colonel；

　　Officers at the level of regiment commander： reserve Colonel or Lieutenant Colonel；

　　Officers the level of deputy regiment commander： reserve Lieutenant Colonel or Major；

　　Officers at the level of battalion commander： reserve Major or Lieutenant Colonel；

　　Officers at the level of deputy battalion commander： reserve Captain or Major；

　　Officers at the level of company commander： reserve Captain or Lieutenant；

　　Officers at the level of deputy company commander： reserve Lieutenant or Captain， and

　　Officers at the level of platoon leader： reserve Second Lieutenant or Lieutenant.

　　The ranks for specialized technical reserve officers by virtue of their post grades shall be as follows：

　　Senior specialized technical officers： specialized technical reserve Major General， Senior Colonel， Colonel， Lieutenant Colonel or Major；

　　Intermediate specialized technical officers： specialized technical reserve Senior Colonel， Colonel， Lieutenant Colonel， Major or Captain； and

　　Junior specialized technical officers： specialized technical reserve Lieutenant Colonel， Major， Captain， Lieutenant or Second Lieutenant.

　　Article 22 The determination and conferment of military ranks on reserve officers shall be based on their post grades， their political integrity and professional competence⁴⁰， and their actual achievements.

　　Article 23 The conferment of military ranks on reserve officers shall be approved in accordance with the limits of authority prescribed below：

　　（l） The ranks of reserve Major General and Senior Colonel shall be conferred with the approval of the Chairman of the Central Military Commission；

　　（2） The rank of reserve Colonel shall be conferred with the approval of the heads of units at the level of major military command；

　　（3） The ranks of reserve Lieutenant Colonel and Major shall be conferred with the approval of the heads of units at the corps level that have the power to appoint and remove officers； and

　　（4） The ranks of reserve Captain， Lieutenant and Second Lieutenant shall be conferred with the approval of the heads of units at the divisional level that have the power to appoint and remove officers.

　　Article 24 The reserve ranks to be conferred on officers and civilian cadres who have been transferred to reserve service shall be determined on the basis of their original ranks or grades when they were in active service.

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收听单词发音

1 standing
n.持续，地位；adj.永久的，不动的，直立的，不流动的
参考例句：
After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。 They're standing out against any change in the law.他们坚决反对对法律做任何修改。

2 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

3 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

4 retirement
n.退休，退职
参考例句：
She wanted to enjoy her retirement without being beset by financial worries.她想享受退休生活而不必为金钱担忧。 I have to put everything away for my retirement.我必须把一切都积蓄起来以便退休后用。

5 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

6 enacted
制定（法律），通过（法案）( enact的过去式和过去分词 )
参考例句：
legislation enacted by parliament 由议会通过的法律 Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。来自英汉文学 - 嘉莉妹妹

7 specialized
adj.专门的，专业化的
参考例句：
There are many specialized agencies in the United Nations.联合国有许多专门机构。 These tools are very specialized.这些是专用工具。

8 components
（机器、设备等的）构成要素，零件，成分；成分( component的名词复数 )； [物理化学]组分； [数学]分量；（混合物的）组成部分
参考例句：
the components of a machine 机器部件 Our chemistry teacher often reduces a compound to its components in lab. 在实验室中化学老师常把化合物分解为各种成分。

9 provincial
adj.省的，地方的；n．外省人，乡下人
参考例句：
City dwellers think country folk have provincial attitudes.城里人以为乡下人思想迂腐。 Two leading cadres came down from the provincial capital yesterday.昨天从省里下来了两位领导干部。

10 garrison
n.卫戍部队；驻地，卫戍区；vt.派(兵)驻防
参考例句：
The troops came to the relief of the besieged garrison.军队来援救被围的守备军。 The German was moving to stiffen up the garrison in Sicily.德军正在加强西西里守军之力量。

11 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

12 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

13 compliance
n.顺从；服从；附和；屈从
参考例句：
I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。 She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。

14 pertinent
adj.恰当的；贴切的；中肯的；有关的；相干的
参考例句：
The expert made some pertinent comments on the scheme.那专家对规划提出了一些中肯的意见。 These should guide him to pertinent questions for further study.这些将有助于他进一步研究有关问题。

15 participation
n.参与，参加，分享
参考例句：
Some of the magic tricks called for audience participation.有些魔术要求有观众的参与。 The scheme aims to encourage increased participation in sporting activities.这个方案旨在鼓励大众更多地参与体育活动。

16 abide
vi.遵守；坚持；vt.忍受
参考例句：
You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。 If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

17 proficiency
n.精通，熟练，精练
参考例句：
He plied his trade and gained proficiency in it.他勤习手艺，技术渐渐达到了十分娴熟的地步。 How do you think of your proficiency in written and spoken English?你认为你的书面英语和口语熟练程度如何？

18 legitimate
adj.合法的，合理的，合乎逻辑的；v.使合法
参考例句：
Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。 That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

19 deriving
v.得到( derive的现在分词 )；（从…中）得到获得；源于；（从…中）提取
参考例句：
I anticipate deriving much instruction from the lecture. 我期望从这演讲中获得很多教益。来自《简明英汉词典》 He anticipated his deriving much instruction from the lecture. 他期望从这次演讲中得到很多教益。来自辞典例句

20 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

21 honourable
adj.可敬的；荣誉的，光荣的
参考例句：
I don't think I am worthy of such an honourable title.这样的光荣称号，我可担当不起。 I hope to find an honourable way of settling difficulties.我希望设法找到一个体面的办法以摆脱困境。

22 citations
n.引用( citation的名词复数 )；引证；引文；表扬
参考例句：
The apt citations and poetic gems have adorned his speeches. 贴切的引语和珠玑般的诗句为他的演说词增添文采。来自《现代汉英综合大词典》 Some dictionary writers use citations to show what words mean. 有些辞典的编纂者用引文作例证以解释词义。来自辞典例句

23 civilian
adj.平民的，民用的，民众的
参考例句：
There is no reliable information about civilian casualties.关于平民的伤亡还没有确凿的信息。 He resigned his commission to take up a civilian job.他辞去军职而从事平民工作。

24 militia
n.民兵，民兵组织
参考例句：
First came the PLA men,then the people's militia.人民解放军走在前面，其次是民兵。 There's a building guarded by the local militia at the corner of the street.街道拐角处有一幢由当地民兵团守卫的大楼。

25 decided
adj.决定了的，坚决的；明显的，明确的
参考例句：
This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。 There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

26 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

27 regiment
n.团，多数，管理；v.组织，编成团，统制
参考例句：
As he hated army life,he decide to desert his regiment.因为他嫌恶军队生活，所以他决心背弃自己所在的那个团。 They reformed a division into a regiment.他们将一个师整编成为一个团。

28 forth
adv.向前；向外，往外
参考例句：
The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。 He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

29 undertaking
n.保证，许诺，事业
参考例句：
He gave her an undertaking that he would pay the money back with in a year.他向她做了一年内还钱的保证。 He is too timid to venture upon an undertaking.他太胆小，不敢从事任何事业。

30 battalion
n.营；部队；大队(的人)
参考例句：
The town was garrisoned by a battalion.该镇由一营士兵驻守。 At the end of the drill parade,the battalion fell out.操练之后，队伍解散了。

31 determined
adj.坚定的；有决心的
参考例句：
I have determined on going to Tibet after graduation.我已决定毕业后去西藏。 He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

32 corps
n.(通信等兵种的)部队；(同类作的)一组
参考例句：
The medical corps were cited for bravery in combat.医疗队由于在战场上的英勇表现而受嘉奖。 When the war broke out,he volunteered for the Marine Corps.战争爆发时，他自愿参加了海军陆战队。

33 appraised
v.估价( appraise的过去式和过去分词 )；估计；估量；评价
参考例句：
The teacher appraised the pupil's drawing. 老师评价了那个学生的画。来自《简明英汉词典》 He appraised the necklace at ￡1000. 据他估计，项链价值1000英镑。来自《简明英汉词典》

34 appraisal
n.对…作出的评价；评价，鉴定，评估
参考例句：
What's your appraisal of the situation?你对局势是如何评估的？ We need to make a proper appraisal of his work.对于他的工作我们需要做出适当的评价。

35 lieutenant
n.陆军中尉，海军上尉；代理官员，副职官员
参考例句：
He was promoted to be a lieutenant in the army.他被提升为陆军中尉。 He prevailed on the lieutenant to send in a short note.他说动那个副官，递上了一张简短的便条进去。

36 differentiated
区分，区别，辨别( differentiate的过去式和过去分词 )；区别对待；表明…间的差别，构成…间差别的特征
参考例句：
The development of mouse kidney tubules requires two kinds of differentiated cells. 小鼠肾小管的发育需要有两种分化的细胞。 In this enlargement, barley, alfalfa, and sugar beets can be differentiated. 在这张放大的照片上，大麦，苜蓿和甜菜都能被区分开。

37 naval
adj.海军的，军舰的，船的
参考例句：
He took part in a great naval battle.他参加了一次大海战。 The harbour is an important naval base.该港是一个重要的海军基地。

38 virtue
n.德行，美德；贞操；优点；功效，效力
参考例句：
He was considered to be a paragon of virtue.他被认为是品德尽善尽美的典范。 You need to decorate your mind with virtue.你应该用德行美化心灵。

39 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

40 competence
n.能力，胜任，称职
参考例句：
This mess is a poor reflection on his competence.这种混乱情况说明他难当此任。 These are matters within the competence of the court.这些是法院权限以内的事。